Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-03-21
CIRCUIT COURTS.
Fall Text OF the Act Passed by the Late
Congress to Determine the Juris-
dictien eff q. s. Circuit Courts.
Regulations Re- arding the Removal OF
Causes from State Courts to the
United States Courts,

| 10 determine the JURISDICTION or clrcul|
courts of the Unite. States and to regu
late the removal of causes from state
courts, and for other purposes and tc
further regulate the jurisdiction of circuit
courts of the United States, and fol
other purposes"
| Be it enacted by the Senate and House
of Representatives of the United States 0.
J America in Congress assembled, that the
first section of an act entitled Gan act tc
determine the jurisdiction of circuit
courts of the United States, and to regu-
late the removal of causes from state
courts, and for other purposes" approved
March 8, 1875, be and the same is hereby
amended so as to read as follows: "Tha'
the circuit courts OF the United States
shall have original cognizanCe
concurrent with the courts Of
the several states, of al suits
of civil nature, at common law or in
| equity, where the matter in dispute eX-
ceeds. exclusive of interest and costs,
the sum or value of $4,000, and arising
under the constitution or laws Of the
| United States, or treaties made, or which
snail be made, under their authority, OF
In which controversarY the United States
are plaintiffs or petitioners, or in which
| there shall be COntrOVersSTy between
citizens of different states, in which the
matter in dispute exceeds, exclusive
of interest and costs, the sum
or value aforesaid, or a cOntrO-
versary between citizens of the same
state, claiming lands under grants of diff
ferent states, or a COntrOverSary between
citizens of state and foreign states, Cit
liens, or subjects, in which the matter in
dispute exceeds, exclusive Of interest and
costs, the sum or value aforesaid. end
shall have exclusive cOgnizanCe of all
crimes and offenses COgniZable under the
authority of the United States, except as
otherwise provided by law, and concur
rent Jurisdiction with the district courts
of the crimes and offenses cog
niZshle by them. But no
person shall be arrested in
one district for trial IN another In any
civil action before a circuit or district
court; and no civil suit shall be brought
before either of said courts against any
person by any original process of pro-
ceeding in any other district than
that whereof he is an inhabitant;
but where the jurisdiction is founded
only on the fact that the action is between
citizens Of different states, suit shall be
brought only in the district of the resi-
denCe of either the plaintiff or the de-
PENDANT; nor shall any circuit or dis
trict court have COgnizanCe Of any
suit except upon foreign bills
Of exchange, to recover the contents of
any prOmissary note or other chose in
action in favor of any assignee, or of any
subsequent holder of such instrument be
payable to bearer and be rot made by any
corporation, unless such suit might have
been prosecuted in such court to recover
the said contents if no assignment or
transfer had been made; and the circuit
courts shall also have appellate jurisdic-
ton from the district courts, under the
regulations and restrictions prescribed
by law"
Sec. g That any suit of civil nature,
at law or in equity, arising under the
constitution or laws of the United States,
or treaties made, or which shall be made,
under their authority, of which the cir
cult courts of the United States are given
original jurisdiction by the
proceeding section, which may now
be pending, or which may hereafter be
brought, in any state court, may be re-
moved by the defendant or defendants
therein to the circuit court of the United
States for the proper district, any other
suit of civil nature, st law or in equity,
of which the circuit courts of the United
States are given jurisdiction by the pre-
cedirg section, and which are now pend
ing, or which may hereafter be brought,
in any state court, may be removed into
the circuit court of the United States for
the proper district by the defendant or
defendants therein being non-resideGts OF
that state; and when in any suit men
toned in this section there shall be
controversy which is wholly between citi
zens of different states, and which can
be fully determined as between them,
then either one or more of the defendants
actually interested in such controversy
may remove: said suit into the circul
court of the United States for the proper
district. And where suit is now pend
ing, or may be hereafter brought, in any
state court, in which there is q COntrO-
versy between citizen of the state in
which the suit is brought and a citizen OF
another state, any defendant, being such
citizen of another state, may remove such
suit into the circuit court of the United
States for the proper district, at any time
before the trial thereof, when it shall
be made to appear to said circuit
court that from prejudice or local in
fuenCe he will not be able to obtain
Justice in such state court, or in airy
other state court to which the said de-
fendent may, under the laws of the state,
have the right, on account of such preju-
dice or local influence, to remove said
cause; provided, that if it further appear
that said suit can be fully and justly de-
termined as to the other defendants in
the state court, without being affected by
such prejudice or local influence, and that
no party to the suit will be preiudiCed by
e separation of the parJies, said
circuit court may direct TIE suit to
be reminded, so far as relates 10
suca other defendants, to the state court,
10 be proceeded with therein. Al any
time before the trial Of snY suit which is
now pending in any circuit court or may
hereafter be entered therein, and which
has been removed 10 said court from &
state court on the affidavit of any party
plaintiff that be had reason 10 believe aud
did believe that, from prejudice or local
influence, he was unable TO obtain justice
IN ssid state court, the circuit court shall,
on application of the other party, examine
into the truth OF said affidavit and
the grounds thereof, and, unless it